Free Traffic Legal Advice

Any trees works took place? this case from yesterday...

-------


Case reference 2250219259
Appellant xxxxxxx
Authority London Borough of Newham
VRM BG66OGB
PCN Details
PCN PN22154287
Contravention date 31 Mar 2025
Contravention time 09:25:00
Contravention location Lincoln Road
Penalty amount N/A
Contravention Parked restricted street during prescribed hours
Referral date -
Decision Date 02 Oct 2025
Adjudicator Edward Houghton
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and refund forthwith the penalty charge and the release fees paid.

Reasons

I adjourned this case for the following reason:-

“In view of the Appellant’s evidence the Council is asked to provide evidence that the works in question were actually in progress.

The Appellant is asked to clarify on what basis his father believed he was entitled to park in the bay without apparently checking the sign (in which case he could not have failed to see the yellow suspension sign)”

The Appellant has responded but no further evidence has been received from the Council.

The Appellant states in his appeal that “It’s worth noting that in our area, suspension signs are often placed with claims of scheduled tree works, yet on many occasions-including this one-no work actually occurs.”. There is no sign of any works being carried out in the CEO’s photographs, and the Council has been unable to provide any evidence ( which one would have thought to be easily obtainable) as to when if at all any such works took place.

Direction 6 Part 2 Traffic Signs General Directions 2016 provides as follows:-

“6.-(1) Paragraph (2) applies to a sign placed for conveying to traffic a warning, information, requirement, restriction or prohibition of a temporary nature.

(2) The sign must not remain in place for longer than it is needed.”


The sign in question in this case is clearly indicates a prohibition of a temporary nature,. and it seems to me on the evidence that the balance of probabilities is that it was in breach of this prohibition. In the circumstances it is unnecessary to consider issues of clarity and the Appeal must be allowed

OP, only just seen this.

With respect, IMO the argument re wrong contravention is itself wrong..but see below.

As far as can be seen, the restriction was imposed under a Temp Traffic Order, s14 RTRA refers.


7)An order or notice made or issued under this section may—

(a)suspend any statutory provision to which this subsection applies; or

(b)for either of the reasons or for the purpose mentioned in subsection (1) above suspend any such provision without imposing any such restriction or prohibition as is mentioned in subsection (1) or (2) above.

(8)Subsection (7) above applies to—

(a)any statutory provision of a description which could have been contained in an order or notice under this section;

(b)an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act

A TTO may suspend the application of any s45 TMO which designated the parking place and substitute a different restriction, in this case no waiting. The council could have chosen to simply suspend the parking place but chose to go the TTO route, for reasons which are probably explained within the order which tantalisingly is not in any of the photos albeit that it is key. At present there's no order in evidence, so IMO you could argue that the order did not apply to where you were parked i.e. it is the order which creates the restriction, not the words on a sign, and without that order being in evidence you challenge that the restriction applied and therefore that the contravention took place. If the authority reject these representations then they must produce a copy of the order relied upon with any response.

As long as the signs are present and two of them 'book-end' the suspended area(pl note that the standard is 'on or near') then frankly IMO they could put them on every tree, post or whatever in the street. Their duty is to convey the restriction. If you were parked within the area specified and if there was such a sign ahead of you and behind(behind is more fundamental because you are deemed to have passed this whereas what lies ahead hasn't been seen) then IMO you are within the area specified on the written parts of the signs. You seem to acknowledge that there were signs ahead of and behind you, is this correct?

But what did the order itself provide as regards the restriction and how this was to be signed. The RTRA makes provision for regs to be made dealing with TTOs, and here they are:

https://www.legislation.gov.uk/uksi/1992/1215/schedule/made

Part III of the Schedule deals with 'traffic signs'. I think that what's been used would satisfy an adjudicator.